Landmark deepfake law aims to give Danish citizens legal control over their digital identity

[Skye Jacobs]

Denmark has proposed sweeping legislation to curb the rise of AI-generated deepfakes, positioning itself as a leader in European digital rights protection. The suggested amendment to Danish copyright law would grant individuals explicit ownership of their image, voice, and facial features – empowering them to demand the removal of unauthorized digital copies from online platforms.

The move comes as deepfake technology grows more accessible and sophisticated. These digital forgeries convincingly replicate a person's appearance or voice, creating false impressions of actions or statements they never made. The consequences have been global, with high-profile targets like Taylor Swift and Pope Francis. Misuse of the technology has raised serious concerns about privacy, misinformation, and digital identity theft.

Officials are calling the forthcoming law the first of its kind in Europe. Culture Minister Jakob Engel-Schmidt told The Guardian that everyone has a fundamental right to control their own body, voice, and facial features – rights current legislation fails to protect against misuse by generative AI.

"Human beings can be run through the digital copy machine and be misused for all sorts of purposes and I'm not willing to accept that," said Engel-Schmidt.

This deepfake of Pope Francis was created using the generative AI tool Midjourney and subsequently posted on Reddit.

Under the proposed legislation, individuals would have the legal right to demand the removal of any deepfake that uses their likeness or voice without consent. If platforms refuse to comply, they could face "severe fines," a measure aimed at holding tech companies accountable. The law would also protect artists from unauthorized digital imitations of their performances, allowing them to seek compensation if their work is misused.

"It [is] high time that we now create a safeguard against the spread of misinformation and at the same time send a clear signal to the tech giants." – Culture Minister Jakob Engel-Schmidt

The bill includes specific exceptions to protect freedom of expression – parodies and satire would remain legal, ensuring the law doesn't restrict legitimate creative or critical works. Engel-Schmidt emphasized that while Denmark supports free speech, the law must give individuals the power to decide whether someone can manipulate their identity with generative AI.

The legislation has broad political backing, with nine out of ten members of parliament reportedly supporting the initiative. The Danish Culture Ministry plans to submit the proposal for consultation before the summer recess, with a formal introduction to parliament expected this fall. If passed, the law would not only set a national precedent but could also inspire similar measures across the European Union.

Engel-Schmidt has indicated plans to use Denmark's upcoming EU presidency to push for a unified European strategy to combat AI abuse.

"It was high time that we now create a safeguard against the spread of misinformation and at the same time send a clear signal to the tech giants," Engel-Schmidt said.

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Landmark deepfake law aims to give Danish citizens legal control over their digital identity

 

[unoficialoficial]

Laws shouldn't be personal choices; they need to be compatible with the constitution, which usually guarantees equal treatment for all citizens. That means we can't create laws that discriminate based on someone's appearance or other external characteristics.

As Article 21 of the Charter of Fundamental Rights clearly states, 'Any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited.' Furthermore, Article 19 of the Treaty on the Functioning of the European Union provides the legal foundation for the EU to combat discrimination on these grounds, reinforced by directives like Directive 2000/43/EC (race and ethnic origin) and Directive 2000/78/EC (employment-related discrimination).

And when it comes to appearance itself, it's something we're born with, a result of our shared DNA which 99+% common between humans, not something we create intellectually. So, "likeness" it doesn't qualify as intellectual property. Think about portraits photos – they often share similarities with countless millions others. Someone proving that is him in the photo based solely on appearance would be incredibly difficult, if not impossible.

 

[Megalomaniac]

I've been dying in laughter watching AI videos lately. What's amazing is that they make no sense but they're entertaining and ridiculously realistic. Within 10 years games are basically going to be so realistic that you'd be able to model any real human in videos or games with ridiculous levels of detail.

Hope ya'll are invested in AI stocks.